OFFICE OF THE ELECTION SUPERVISOR
for the
INTERNATIONAL BROTHERHOOD OF TEAMSTERS
IN RE: GRANT MAERTZ, ) Protest Decision 2021 ESD 53
) Issued: February 4, 2021
Protestor. ) OES Case No. P-061-012621-FW
____________________________________)
Grant Maertz, member of Local Union 952 , filed a pre-election protest pursuant to Article XIII, Section 2(b) of the Rules for the 2020-2021 IBT International Union Delegate and Officer Election (“Rules”). The protest alleged that Local Union 952 failed to post the notice of nominations meeting results on worksite bulletin boards, as required by the Rules.
Election Supervisor representative Michael Miller investigated this protest.
Findings of Fact and Analysis
Local Union 952 conducted its nominations meeting on January 20, 2021. Two full slates and one independent candidate were nominated.[1] Article II, Section 6(a) of the Rules requires the local union secretary-treasurer to post on all union bulletin boards a list of all nominated candidates, by name and slate affiliation (if known at the time of posting), as soon as possible but not later than five days after the nominations meeting. The protest here alleged that the required notice was not posted at “many of the accounts within Local 952 jurisdiction,” specifically including UPS Anaheim and Spicers Paper.
On January 29, 2021, the local union provided photographic proof of proper posting of the required notices on the union bulletin board at Spicers Paper. On February 1, 2021, the local union provided similar photographic proof of posting at UPS Anaheim.
Local Union 952 provided a declaration dated February 3, 2021 stating that all postings of the nominations meeting results notice, including at UPS Anaheim and Spicers Paper, had been completed. Protestor Maertz has not identified any other location where the posting has not been made, and we have found none.
The purpose of this posting requirement is to give members prompt notice that candidates have been nominated and, here, that the election of delegates and alternate delegates is contested and will head to a vote of the membership. Ballots in this election will be mailed February 19, 2021 and will be counted March 16, 2021. On the facts presented here, we conclude that Local Union 952 substantially complied with the requirement of the Rules, as almost all notices were posted three weeks before ballots can be expected to arrive at members’ homes.
We deem this protest RESOLVED.
Any interested party not satisfied with this determination may request a hearing before the Election Appeals Master within two (2) working days of receipt of this decision. Any party requesting a hearing must comply with the requirements of Article XIII, Section 2(i). All parties are reminded that, absent extraordinary circumstances, no party may rely in any such appeal upon evidence that was not presented to the Office of the Election Supervisor. Requests for a hearing shall be made in writing, shall specify the basis for the appeal, and shall be served upon:
Barbara Jones
Election Appeals Master
IBTappealsmaster@bracewell.com
Copies of the request for hearing must be served upon the parties, as well as upon the Election Supervisor for the International Brotherhood of Teamsters, all within the time prescribed above. Service may be accomplished by email, using the “reply all” function on the email by which the party received this decision. A copy of the protest must accompany the request for hearing.
Richard W. Mark
Election Supervisor
cc: Barbara Jones
2021 ESD 53
DISTRIBUTION LIST (BY EMAIL UNLESS NOTED):
Bradley T. Raymond, General Counsel
International Brotherhood of Teamsters
braymond@teamster.org
Edward Gleason
egleason@gleasonlawdc.com
Patrick Szymanski
szymanskip@me.com
Will Bloom
wbloom@dsgchicago.com
Tom Geoghegan
tgeoghegan@dsgchicago.com
Rob Colone
rmcolone@hotmail.com
Barbara Harvey
blmharvey@sbcglobal.net
Kevin Moore
Mooregp2021@gmail.com
F.C. “Chris” Silvera
fitzverity@aol.com
Fred Zuckerman
fredzuckerman@aol.com
Ken Paff
Teamsters for a Democratic Union
ken@tdu.org
Grant Maertz
Gmaertz952@gmail.com
Teamsters Local Union 952
Team952@aol.com
Michael Miller
Miller.michael.j@verizon.net
Deborah Schaaf
dschaaf@ibtvote.org
Jeffrey Ellison
EllisonEsq@gmail.com
[1] Delegate candidate Michelle Peoples, a member of the Solidarity Slate, was subsequently found ineligible for nomination. Eligibility of Gallegos & Peoples, 2021 ESD 47 (January 26, 2021).